Agenda and minutes

An apology for absence was received on behalf of Councillor J.A. Ruck.

The following declarations of interest were made:

Cllr.P.J.Whittaker                 Item 10           Disclosable Pecuniary Interest - Rents land affected by the proposed Enhancement works. Cllr Whittaker withdrew from the meeting and took no part in its consideration and voting thereon.

Cllr.Mrs.S.J.Baxter               Item 10           Other disclosable interest –

                                                                        A close friend owns land to be utilised for the enhancement works.  Cllr. Baxter withdrew from the meeting and took no part in its consideration and voting thereon.

Cllr. C.R. Scurrell                 Item 10           Other disclosable interest -            has an interest in the matter through his membership of the Railway Users Group.  

The minutes of the meeting of the Planning Committee held on 15^th October 2012 were submitted.

RESOLVED that the minutes be approved as a correct record.

The Head of Planning and Regeneration Services reported on comments received from Worcestershire Highways Authority who had no objectors to the proposal subject to requested conditions and notes.  Comments and suggested additional conditions from the Council’s Conservation Officer were also reported.  A further letter, received from the occupier of The White House, together with Officers responses to its content, was also reported.   

The Chairman also accepted a written consultation response from Clent Parish Council, which had been submitted but omitted from the report in error, and which was read out by Officers for the Committee’s information.

At the invitation of the Chairman, Mr. R. Titterton, a local resident, addressed the Committee as an objector to the Application. Mr. W. Brearley, the Applicant’s Agent, also addressed the Committee.   Clent Parish Councillor N. Robb also spoke against the Application.  Councillor Mrs. M.A. Sherry JP, also spoke to the Committee in her capacity as one of the Ward Members for the area in which the application site was located.

RESOLVED that

1)         authority be delegated to the Head of Planning and Regeneration Services to determine the planning application following receipt of a suitable and satisfactory legal mechanism in relation to:

            i)          an updated viability review to be submitted at a date two years from the date planning permission is granted, with the viability review updating the current Viability Report submitted with the current application;

            ii)         if, upon the review of the viability of the scheme, it is established that market conditions have improved insofar as financial contributions towards education provisions and off-site open space provisions can be reasonably afforded, then the Applicant shall enter into a S106 agreement with Bromsgrove District Council and Worcestershire County Council, to secure the identified contributions;

            iii)        the District Council’s fees and costs of the initial and subsequent viability reviews (as applicable) (index linked to RPI, plus expenses and VAT) to be borne by the applicant;

2)         the conditions set out or referred to on pages 25 to 26 of the report;

3)         the following additional conditions requested by the Council’s Conservation Officer, namely:

            14.       Details of external materials, bricks and tiles;

            15.       Detailed drawings of joinery details at a scale of 1:5;

            16.       Details of window and door materials;

            17.       Detailed drawings at a scale of 1:5 of vernacular detailing to cottages (to include overhanging eaves and verge details;

4.         the following additional conditions and notes requested by Worcestershire Highways Authority; namely:

            Conditions:

      18.       HC25  -    Development not brought into use until access, turning area and parking facilities constructed in accordance with details to be approved by LPA.

            19.       HC36A -   Secure parking for 4 cycles shall be provided within the curtilage of each dwelling.

            20.       HC36B -   Secure parking for 14 cycles for the apartments shall be provided within the curtilage of the site).

            21.       HC40  -    Engineering details of the amendments to the retaining wall including the proposed steps shall be submitted and approved in writing by the Local Planning Authority.

            22.       HC51  ...  view the full minutes text for item 62.

The Head of Planning and Regeneration Services reported on comments received from Hereford and Worcester Fire Services, who had raised no objections to the proposal.  Comments from a local resident and responses provided by the Council’s Arboriculture Officer were also reported.

At the invitation of the Chairman, Mr Gatfield, a local resident, addressed the Committee as an objector to the Application.  Mr C Lewis, on behalf of the Applicant, also addressed the Committee.  Councillor R. Hollingworth, also spoke in his capacity as Ward Member for the area in which the application site was located.

Consideration was then given to the application which had been recommended for approval by the Head of Planning and Regeneration Services.  However, on the matter being put to the vote, Members considered that:

a)         the density of the development was inappropriate for the locality and would result in a cramped and overdeveloped form of development: and

b)         the long and narrow nature of the access road to the development site would lead to unacceptable highway safety issues. 

RESOLVED that Planning Permission be refused for reasons a) and b) above.

This matter was, in consultation with the Chairman, WITHDRAWN from the Agenda by Officers in order to seek further clarification on a number of matters raised during recent additional consultation meetings, and was not discussed.

The Head of Planning and Regeneration Services provided additional information on the cumulative parking effect of the proposal and a pending application in relation to a change of use for Trentham House.

At the invitation of the Chairman, Mr Cowley, a local resident, addressed the Committee as an objector to the application.  Mr D Holland, for the Applicant, also addressed the Committee.   Councillor R. Hollingworth, also spoke in his capacity as Ward Member for the area in which the application site was located.

Consideration was then given to the application which had been recommended for approval by the Head of Planning and Regeneration Services.  However, on the matter being put to the vote, Members considered that:

“the form and appearance of the development would fail to preserve or enhance the character or appearance of the designated Conservation Area.”

RESOLVED that Planning Permission be refused for the reason stated above.

The Head of Planning and Regeneration Services reported on revised comments received from Worcestershire Regulatory Services in relation to odour extraction details and noise levels and the removal of Condition 7 from the proposed list of conditions, in light of WRS’s revised comments. It was also noted that further representations has been received from Councillor S. and Mrs. E. Shannon and other third parties in relation to the proposal.  

At the invitation of the Chairman, Mr. P. Richards of the Campaign for Real Ale, (CAMRA) addressed the Committee as an objector to the application.  Mr R. Wells, the Applicant’s Agent, also addressed the Committee.   Councillor S. Shannon also spoke in his capacity as Ward Member for the area, in which the application site was located.

RESOLVED that Planning Permission be granted, subject to the Conditions, Informatives and Notes set out or referred to on pages 70 to 72 of the report with the exception of Condition 7 which was to be deleted.

The Committee considered a report which provided details on an Application being made by Network Rail Infrastructure Limited to the Secretary of State, which would grant powers to construct and maintain a widened railway between Barnt Green and Redditch.  Further clarification was provided in regard to two aspects of the report relating to bridge works and car parking at Alvechurch Station. 

RESOLVED that

a)         the District Council raises no objection to the proposed development on the grounds that very special circumstances exist to outweigh harm to the Green Belt by virtue of inappropriateness and any other harm, and that the Council endorses the benefit of the scheme in terms of sustainability and the connectivity enhancements for the District the works will deliver, and

b)         that the recommendation made by Members forms the relevant representation from the District Council to the Examining  Authority.  

"RESOLVED: that under Section 100 I of the Local Government Act 1972, as amended, the public be excluded from the meeting during the consideration of the following item(s) of business on the grounds that it/they involve(s) the likely disclosure of exempt information as defined in Part I of Schedule 12A to the Act, as amended, the relevant paragraph of that part, in each case, being as set out below, and that it is in the public interest to do so:-

RESOLVED that, under Section 100 1 of the Local Government Act 1972, as amended, the public be excluded from the meeting during the consideration of an item of business on the grounds that it involves the likely disclosure of ‘exempt information’ as defined in Part 1 of Schedule 12A to the Act, as amended, the relevant paragraphs of that part being as set out below, and that it is in the public interest to do so:

            Minute            Paragraph

             69/12                 2 & 6

The Committee considered a report relating to a breach of planning control that had previously been to the Committee for discussion, a decision on which had been deferred for Officers to consult further with the Applicant.  Members’ further guidance was sought as to the next course of action in light of the response to the consultation.  

RESOLVED that, the Head of Planning and Regeneration Services, in consultation with the Head of Legal, Equalities and Democratic Services, takes appropriate action with a view to addressing the breach of planning control and that the Committee be kept informed of progress.